Saud Dakhil Allah Muslih Al Mahayawi

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Saud Dakhil Allah Muslih Al Mahayawi is held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 53. Joint Task Force Guantanamo counter-terrorism analysts report he was born on August 21, 1976, in Jedda, Saudi Arabia.

Contents

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunal notice read to a Guantanamo captive. During the period July 2004 through March 2005 a Combatant Status Review Tribunal was convened to make a determination whether they had been correctly classified as an "enemy combatant". Participation was optional. The Department of Defense reports that 317 of the 558 captives who remained in Guantanamo, in military custody, attended their Tribunals.
Combatant Status Review Tribunal notice read to a Guantanamo captive. During the period July 2004 through March 2005 a Combatant Status Review Tribunal was convened to make a determination whether they had been correctly classified as an "enemy combatant". Participation was optional. The Department of Defense reports that 317 of the 558 captives who remained in Guantanamo, in military custody, attended their Tribunals.

Initially the Bush Presidency asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.

Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush Presidency's definition of an enemy combatant.

[edit] Transcript

There is no record that chose to participate in his Combatant Status Review Tribunal.

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Saud Dakhil Allah Muslih Al Mahayawi's Combatant Status Review Tribunal, on 8 September 2004.[2] The memo listed the following allegations against him:

a. Detainee is affiliated with al Qaida.
  1. The detainee was captured attempting to cross the border from Afghanistan into Pakistan with several known members of al Qaida, Usama Bin Laden bodyguards, and Taliban fighters.
b. The detainee engaged in hostilities against the coalition.
  1. The detainee was a sentry at a guard post in between the Tora Bora region and [[Jalalabad], Afghanistan. Detainee was armed with an AK-47 and fired his weapon at Afghan forces when they approached from a valley.
  2. The detainee fought against US and coalition forces in Tora Bora.

[edit] Administrative Review Board hearing

Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".
Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".[3]

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".

They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.

[edit] First annual Administrative Review Board

A Summary of Evidence memo was prepared for Saud Dakhil Allah Muslih Al Mahayawi's first annual Administrative Review Board, on 23 June 2005.[4] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Connections/Associations
  1. The detainee was seen at Qandahar [sic] and identified as a mujahid from Jeddah [sic] .
  2. The detainee's name was found on a floppy disk seized during a raid on an alleged al Qaida residence on 11 Sep 02.
  3. The detainee's name was found on a hard drive associated with Khalid Shaykh Muhammed. The hard drive was seized during a raid in Pakistan on 1 Mar 03.
  4. The detainee claims affiliation with the Tabliq Jamat [sic] , was was a fighter at Tora Bora.
  5. Jama'at Al Tablighi [sic] is a Pakistan based Islamic missionary organization used as a cover to mask travel and activities of terrorists, including members of al Qaeda [sic] .
  6. The detainee was arrested as part of a group referred to as the "Dirty 30." Many of those captured were either Usama bin Laden bodyguards or had direct association with Usama bin Laden.
b. Intent
The detainee was an al Qaida trained fighter at a guard post in the valley between Tora Bora and Jalalabad, armed with an AK-47. The detainee fired his weapon when he came under fire from Afghans in the valley.
c. Other Relevant Data
  1. The detainee was arrested in Saudi Arabia for attempting to create a new jihad organization in A'wkadin, Ethiopia. His name was on the list of those forbidden to travel for five years per decree, dated 23 Feb 1998, and he was also on the watch and arrest list for his trip to Chechnya, per ministerial decree dated 21 Feb 2002 [sic] .
  2. After their arrest in Pakistan, the Pakistani Warden of the prison informed the group that the best thing they could tell U.S. forces when interrogated was they were in Afghanistan to teach the Koran.
  3. The detainee did not have his passport when he was arrested. He stated he had left it in Abdullah's [sic] village.
  4. The detainee made his own arrangements and paid for his travel in Afghanistan.

[edit] The following primary factors favor release or transfer:

a.

When asked by investigators what the detainee knew of the attack against the US, he was remorseful and stated that a good Muslim would not attack innocent people.

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Saud Dakhil Allah Muslih Al Mahayawi's second annual Administrative Review Board, on 9 May 2006.[5] The memo listed factors for and against his continued detention.

[edit] Repatriation

A saudi named "Saud al-Mahayawi" was repatriated on July 16, 2007 with fifteen other men.[6][7]

[edit] References

  1. ^ list of prisoners, US Department of Defense, May 15, 2006
  2. ^ OARDEC (8 September 2004). Summary of Evidence for Combatant Status Review Tribunal - page 65-66. United States Department of Defense. Retrieved on 2007-11-24.
  3. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  4. ^ OARDEC (23 June 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mahayawi, Saud Dakhil Allah Muslih pages 74-75. United States Department of Defense. Retrieved on 2007-11-24.
  5. ^ OARDEC (9 May 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of pages 8-9. United States Department of Defense. Retrieved on 2007-11-24.
  6. ^ Raid Qusti. "More Gitmo Detainees Come Home", Arab News, July 17, 2007. Retrieved on 2007-7-17. 
  7. ^ Andy Worthington. "Who are the 16 Saudis Released From Guantánamo?", Huffington Post, July 18, 2007.